I. Why do we want a Writ of Mandamus?
In general, a writ of mandamus can be described as an order, “commanding the performance of an act that the law requires as a clearly defined duty, arising from an office, trust, or station.” 55 C.J.S. Mandamus § 1. Moreover, a writ of mandamus may be issued to command a nongovernmental body, such as a medical licensing board, to perform a specified duty imposed by law, and can also be invoked to control flagrant abuses of discretion. Id. For example, in some instances, upon judicial review, if a court is satisfied that the applicant is entitled to a license, it may order the license issued notwithstanding the boards denial of the license. 70 C.J.S. Physicians and Surgeons § 38.
In New Jersey,…show more content… Thus, this first element is likely satisfied.
III. Which division of the New Jersey Superior Court is the most appropriate forum?
As mentioned above, the last element a court considers when determining whether to permit review is whether the proper forum has been selected. Rule 2:2-3(a) was promulgated by the Supreme Court pursuant